A lien on a bank account for payment of wages can be removed in two ways: by the executor or by the court. When the debtor has an obligation to pay a salary in a certain amount, this amount cannot be frozen on his account in accordance with Part 4 of Article 59 of the Law of Ukraine “On Executive Proceedings”. If an arrest has been made, it can be revoked.
Conditions under which the executor can independently remove the seizure from the account
The executor can independently cancel the arrest if he receives written confirmation that the debtor’s account has a special mode of use or the law prohibits the collection of such funds. In addition, the executor can remove the arrest if he receives documents from the debtor confirming that he has an obligation to pay wages and the specified amount.
A wage garnishment is not unlimited and can be lifted if the executor receives appropriate evidence or confirmation from the debtor. Documents that can be evidence include:
- a copy of the court’s decision prohibiting the levying of wages;
- a copy of the court decision on recognition of the debtor’s salary as the only source of his existence;
- a certificate from the company that the funds in the account are intended for the payment of wages.
The executor can cancel the arrest on the bank account at the request of the person who owes the creditor (debtor). This is possible if the debtor can prove that the money in this account does not belong to him, but to another person, or that an attempt to collect these funds would violate his legal rights. To support these arguments, the debtor can provide various evidence, such as: a loan agreement, according to which the funds in the account are the property of a third party;
- a certificate of ownership of real estate, as a result of the sale of which funds were deposited into the account;
- a certificate from the enterprise stating that the funds in the account are funds received from third parties for payment of goods, works, and services.
Unblocking the account through the court
The court can cancel the blocking of the account at the request of the person who has debts, if this person can prove that this blocking damages his rights, especially in the case that this account is intended for the payment of wages. To cancel the blocking of the account for the payment of wages, you need to contact the executor or the court with an appropriate application, which can be submitted in person or sent by mail. It is best to add documents confirming the grounds for lifting the arrest to the application.
The executor or the court is obliged to consider the application for the removal of the seizure within the term established by the law. If the application is approved, the executor or the court issues a decision on the removal of the attachment, which is sent to the bank for execution. After receiving the decision to remove the seizure, the bank will unblock the account and allow the company to pay wages to employees.
In order to quickly solve your problem and facilitate the understanding of the necessary actions, we recommend that you contact the law firm “Prykhodko and Partners”. You can get advice from qualified lawyers who will help you in your matter.